§ 246.303 Criteria for revoking certification. ( a ) It shall be unlawful to fail to comply with any of the railroad rules or practices described in paragraph (e) of this section.
( b ) A certified signal employee who fails to comply with a railroad test procedure, signal standard or practice described in paragraph (e) of this section shall have their certification revoked.
( c ) A certified signal employee who is assigned to monitor, mentor, or instruct a signal employee and fails to take appropriate action to prevent a violation of paragraph (e) of this section shall have their certification revoked.
( d ) A certified signal employee who is called by a railroad to perform a duty other than that of a signal employee shall not have their signal employee certification revoked based on actions taken or not taken while performing that duty except for violations described in paragraph (e)(11) of this section.
( e ) When determining whether to revoke a person's signal employee certification, a railroad shall only consider violations of Federal regulatory provisions or railroad rules, procedures, signal standards, and practices that involve: ( 1 ) Interfering with the normal functioning of a highway-rail grade crossing warning system under § 234.209 of this chapter, or signal system under § 236.4 of this chapter, without providing an alternative means of protection. (Railroads shall only consider those violations that result in an activation failure or false proceed signal.)
( 2 ) Failure to comply with a railroad rule or procedure when removing from service: ( i ) Highway-rail or pathway grade crossing warning devices and systems;
( ii ) Wayside signal devices or signal systems; or
( iii ) Other devices or signal systems subject to this part.
( 3 ) Failure to comply with railroad rule or procedure when placing in service or restoring to service: ( i ) Highway-rail and pathway grade crossing warning devices and systems;
( ii ) Wayside signal devices or signal systems; or
( iii ) Other devices or signal systems subject to this part.
( 4 ) Failure to perform an inspection or test to ensure a highway-rail or pathway grade crossing warning device or system functions as intended, when required by railroad rule or procedure, after: ( i ) Installation, maintenance, testing or repair of the warning device or system;
( ii ) Modification or disarrangement of the warning device or system; or
( iii ) Malfunction or failure of the warning device or system;
( 5 ) Failure to restore power to train detection device or highway-rail or pathway grade crossing warning device or system after manual interruption of the power source. (Railroads shall consider only those violations that result in activation failures.)
( 6 ) Failure to comply with railroad validation or cutover procedures.
( 7 ) Failure to comply with §§ 214.313, 214.319, 214.321, 214.323, 214.325, 214.327, or 214.329. Railroads shall consider only those violations directly involving a person who failed to obtain proper on-track safety before fouling a track.
( 8 ) Failure to comply with § 218.25 of this chapter (Workers on a main track);
( 9 ) Failure to comply with § 218.27 of this chapter (Workers on other than main track);
( 10 ) Failure to comply with § 218.29 of this chapter (Alternate methods of protection);
( 11 ) Failure to comply with § 219.101 of this chapter. However, such incidents shall be considered as a violation only for the purposes of § 246.305(a)(2) and (b).
( f ) In making the determination as to whether to revoke a person's signal employee certification, a railroad shall only consider conduct described in paragraphs (e)(1) through (10) of this section that occurred within the three years prior to the determination.
( g ) If in any single incident the person's conduct contravened more than one Federal regulatory provision or railroad rule, procedure, signal standard, or practice, that event shall be treated as a single violation for the purposes of this section.
( h ) A violation of one or more railroad rules, procedures, signal standards, or practices described in paragraphs (e)(1) through (10) of this section that occurs during a properly conducted compliance test subject to the provisions of this chapter shall be counted in determining the periods of ineligibility described in § 246.305.
( i ) A compliance test that is not conducted in compliance with this part, a railroad's operating rules, or a railroad's program under § 217.9 of this chapter, will not be considered a legitimate test of skill or knowledge, and will not be considered for revocation purposes.
( j ) Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including, but not limited to, each railroad, railroad officer, supervisor, and employee) violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.